Malta Residence and Visa Programme (Amendment) Regulations,

L.N. 122 of 2021

IMMIGRATION ACT

(CAP. 217)

Malta Residence and Visa Programme (Amendment) Regulations,

IN EXERCISE of the powers conferred by articles 7, 7A, 8 and

36 of the Immigration Act, the Minister responsible for immigration

has made the following regulations:-

The title of these regulations is the Malta Residence and Citation.

Visa Programme (Amendment) Regulations, 2021 and these

regulations shall be read and construed as one with the Malta S.L. 217. 18.

Residence and Visa Programme Regulations, hereinafter referred to as

"the principal regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a) the definition "approved agent and, or accredited

person" shall be substituted by the following new definition

" "approved agent and, or accredited person" means

an agent duly licensed under the Agents (Licences)

Regulations and whose name is indicated in the register

established by regulation 6 of the Malta Permanent

2021. Residence Programme Regulations, 2021;";

(b) immediately after the definition "dependant" there

shall be added the following new definition

" "donation" means a financial contribution of two

thousand euro (€2,000) that shall be paid to a local

registered philanthropic, cultural, sport, scientific, animal

welfare or artistic non-governmental organisation or

society registered with the Commissioner for Voluntary

Organisations, or as otherwise approved by the Malta

Residence and Visa Agency, before issuance of a certificate

under these regulations;";and

(c) the first definition "qualifying owned property"

means an immovable property purchased at a consideration of

not less than:"; shall be deleted.

Paragraph (a) of regulation 4 of the principal regulations

shall be substituted by the following new paragraph

"(a) the Malta Residence and Visa Agency shall monitor

the adherence by the beneficiary and his registered dependants of

all the obligations and conditions set out in these regulations

annually for the first five years from its issue, and thereafter

whenever it is deemed opportune by the Malta Residence and

Visa Agency in its sole discretion, and the certificate shall be

considered to have been ipso iure withdrawn as soon as the

beneficiary of such a certificate and, or his registered dependants

infringe any obligations and conditions set out in these

regulations; and".

Regulation 5 of the principal regulations shall be amended

as follows

(a)

the proviso to sub-regulation (3) thereof shall be

substituted by the following new proviso

"Provided that where a certificate has not yet

been issued in terms of these regulations, in lieu of

providing the certificate to a qualifying investment and of

maintaining the said qualifying investment as required by

paragraph (d) of sub-regulation (1) of regulation 8, the

main applicant may

(a) make an additional contribution to the

Malta Residence and Visa Agency in the following

sums

(i) sixty-eight

thousand

euro

(€68,000) where the necessary title to a

qualifying property is a qualifying rented

property;

(ii) thirty-eight

thousand

euro

(€38,000) where the necessary title to a

qualifying property is a qualifying owned

property, in which case the main applicant

shall, for the purposes of paragraph (c) of sub-

regulation (1) of regulation 8, continue to hold

a qualifying owned property for a period of

five (5) years from the date of issuing of the

certificate; and

(b) make a donation within such time as the

Malta Residence and Visa Agency may impose and

provide evidence thereof to the Agency.";

(b)

immediately after sub-regulation (3) thereof there

shall be added the following new sub-regulations

"(3A)Where an applicant does not elicit to make an

additional contribution in lieu of providing the certificate

to a qualifying investment as stated in the proviso to sub-

regulation (3), the applicant shall conclude the

application for a certificate by the end of the year 2021

Provided that should the application for a

certificate not be concluded by the end of the year 2021

as aforesaid, the applicant shall be allowed until the 31st

March 2022 to conclude his application for a certificate

upon payment of the additional contribution referred to

in the proviso to sub-regulation (3) in lieu of providing

the certificate to a qualifying investment and subject to

the making of a donation within such time as the Malta

Residence and Visa Agency may impose.

(3B) Where an applicant elicits to make an

additional contribution in lieu of providing the certificate

to a qualifying investment as stated in the proviso to sub-

regulation (3), the applicant shall conclude the

application for a certificate by the end of the year 2021

Provided that in those cases where a Letter of

Approval In Principle has not yet been issued on the date

of entry into force of this sub-regulation, the applicant

shall conclude the application within nine (9) months

from the date of issue of the Letter of Approval In

Principle.

(3C) The Malta Residence and Visa Agency shall

pay additional contributions received in terms of sub-

regulations (3), (3A) and (3B) to the National

Development and Social Fund.

(3D) No certificate shall be issued to the main

applicant or any of his dependants even in the case that

Malta Residence and Visa Agency has issued its approval

in principle in terms of these regulations, unless the

conditions above referred to are satisfied to the full

satisfaction of Malta Residence and Visa Agency.";

(c) sub-regulation (4) thereof shall be substituted by the

following new sub-regulation

"(4) Following the death of a beneficiary, in

exceptional circumstances, the Malta Residence and Visa

Agency shall be empowered to determine that the

certificate issued to the said beneficiary shall instead be

issued to an approved dependant of that deceased

beneficiary in such form and subject to such conditions as

the Malta Residence and Visa Agency may impose in its

discretion at the relevant time. Such certificate shall be

issued once the said dependant provides evidence to the

satisfaction of the Malta Residence and Visa Agency that

the conditions imposed by the Malta Residence and Visa

Agency and all the requirements of these regulations are

satisfied in such manner as the Malta Residence and Visa

Agency may determine. Where a certificate is issued to a

dependant of a deceased beneficiary as aforesaid, it shall

not be possible to request the inclusion of any other person

on the certificate.";

(d) in sub-regulation (8) thereof, immediately after the

words "as defined in" there shall be added the words "paragraph

(f) of"; and

(e) immediately after sub-regulation (8) thereof there

shall be added the following new sub-regulations

"(9) The beneficiary under these regulations, as

duly represented by a registered approved agent and, or

registered accredited person may apply to Malta

Residence and Visa Agency to include on the Main

Beneficiary certificate issued under these regulations,

and

against

a

non-refundable

supplementary

administration fee of five thousand euro (€5,000), his

spouse as a dependant in the residence certificate, subject

to a successful due diligence check.

(10) The beneficiary under these regulations, as

duly represented by a registered approved agent and, or

registered accredited person may apply to Malta

Residence and Visa Agency to include on the main

beneficiary certificate issued under these regulations, his

or his spouse’s child, including an adopted child who, at

the time of this application, is less than eighteen (18)

years of age, as a dependant in the residence certificate,

subject to a successful due diligence check.

(11) The beneficiary under these regulations, as

duly represented by a registered approved agent and, or

registered accredited person may apply to Malta

Residence and Visa Agency to include on the main

beneficiary certificate issued under these regulations, and

against a non-refundable supplementary administration

fee of five thousand euro (€5,000), his or his spouse’s

child, including an adopted child, who at the time of the

application is over eighteen (18) years of age, not

married, and who proves, to the satisfaction of the

Minister that, at the time of application, the said child is

not economically active and is principally dependant on

the main applicant as a dependant in the residence

certificate, subject to a successful due diligence check.

(12) The beneficiary under these regulations, as

duly represented by a registered approved agent and, or

registered accredited person may apply to Malta

Residence and Visa Agency to include on the main

beneficiary certificate issued under these regulations, and

against a non-refundable supplementary administration

fee of five thousand euro (€5,000), his or his spouse’s

parent or grandparent, who proves to the satisfaction of

the Minister that, at the time of this application, the said

parent or grandparent is not economically active and is

principally dependant on the main applicant as a

dependant in the residence certificate, subject to a

successful due diligence check.

(13) The beneficiary under these regulations, as

duly represented by a registered approved agent and, or

registered accredited person may apply to Malta

Residence and Visa Agency to include on the main

beneficiary certificate issued under these regulations, as

a dependant in the residence certificate, his or his

spouse’s adult child who has been certified by a

recognised medical professional/Authority as having a

disability in terms of the Equal Opportunities (Persons

with Disability) Act, subject to a successful due diligence

check.".

Sub-regulation (1) of regulation 8 of the principal Amends

regulations shall be amended as follows

(a) paragraph (g) thereof shall be substituted by the

following new paragraph

"(g) he is in possession of sickness insurance in

respect of all risks normally covered for Maltese nationals

for himself and his dependants, as the Malta Residence and

Visa Agency considers appropriate from time to time;" and

(h) paragraph (h) thereof shall be substituted by the

following new paragraph

"(h) he provides an affidavit declaring that from the

date of the application referred to in regulation 5, until the

lapse of five (5) years from the date of issuing the

certificate, he has either an annual income of not less than

hundred thousand euro (€100,000) arising outside Malta or

has in his possession a capital of not less than five hundred

thousand euro (€500,000).".

In sub-regulation (1) of regulation 12 of the principal

regulations, immediately after the words "or registered accredited

person." there shall be added the words "The Malta Residence and

Visa Agency may, in its discretion, where it considers appropriate,

communicate directly with the main applicant.".

€0.54